advice needed on empolyment contracts and constructive dismisall

[claire99991]

Hi i was wondering if anyone would be able to give me some advice, im having problems where i work at the minute, i have a part time job working 16 hours a week (the hours fit in round my daughter so it works well) i have worked with this company for 1 year and 1 month, when i first started i was only given 9 3/4 hours a week but just 2 months after starting sumone left so i was offered the 16 hours but my contract was never changed, i assumed it was changed and had no reason to doubt this until i took a weeks holiday in May and only got paid for 9/3/4 hours instead of the 16 ( i have been doing 16 hours a week for 10 months and have the payslips to prove this) when i rang my line manager in May she told me she would sort it out and get the contract hours changed for me however i wouldnt be entiteled to the money i had lost. Anyway 3 months later and im still waiting for it to be changed she keeps making excuses 'its in the system' 'its being dealt with' 'i will look into it when im in the office' and im still no further forward.

There is another girl i work with who has always disliked me she is very close friends witht the line manager and what she wants she gets (time of at drop of a hat, favours etc) anyway there has become another job available close to mine but its only for 10 hours a week and i have a feeling that the line manager is going to tell me my contract hours carnt be changed even though i have been doing them for 10 months and make me go to this other job. (i beleive this girl has had a word with her and asked for this to happen). I know this is all very complicated and seems like so much hassle for that few extra hours but with a young daughter i really carnt afford to fall back down to 10 hours a week and i wondered where i stood with it all, does she have the power to move me and reduce my hours when it was her fault the contract hours were never changed 10 months ago? If i refussed to go to the other job and left could i go for constructive dismisal? Any advice would be SO MUCH APPRECIATED its really worrying me.

Thanks claire

[old_andrew2007]

Hi Clare
You raise a few issues, before I reply please note I am not an expert.
I would say that as you were invited to work those increased hours per week, were paid for 16 hours per week, are able to prove it via pay slips then it can now be seen as part of your contract.

I am a little confused about the other lady/colleague you mention, is she part of the issue with the line manager, do you suspect she may "take over" your job, its not too clear from your post.

Are you sure that you may be moved to the 10 hour post?

I think you have to take out a grievance, this I am sure will kick start your line manager into dealing with your concerns he/she won't wish to been viewed as incompetent or inept.
Remember your companies grievance procedures will have time scales,
(I expect based a guidance from ACAS).
If you are unhappy with your line managers response, then escalate your grievance to the next stage, this will take your line manager out of the equation.
The question you ask about constructive dismissal is more complex, I would argue that unless your terms and conditions were altered drastically then any claim would almost certainly fail, in addition you would have been expected to have exhusted any grievance process.
So to leave without doing the above would be unwise it could also affect any benefits to which you may be entitled.

I am sure that I will be coorected if any information is wrong.

Regards

Andy

[claire99991]

I am as confused about this more than anyone all i know is i started the job at 10 hours they were increased by the company to 16 last september now i have raised the issse of my contract as im not getting the correct holiday pay and now im being told there over budget and carnt change the contract without permission of a top boss who is on holiday for the next 2 weeks,

the situation with the other girl is basically she is a sh** stirrer who is friends with the boss and likes to cause trouble for everyone and when she decides she doesnt like people anymore they are quickly moved to another site.

Its all very strange but i suspect i will be getting a call in the next few weeks saying they are over budget and are having to let me go (i dont know why it takes them a year to realise there over budget)

I just dont know where i stand with any of it.

[Zamzara]

They're misinformed. Your contract is already changed by giving you the higher number of hours: whether they chose to record this on a piece of paper somewhere is irrelevant. You should raise a grievance about underpayment of holiday pay.

[Sidewinder]

Excellent advice above. Raise a written grievance referring to the Manager offering you 16 hours a week and arranging to provide a new contract which you have not received. You have however, as they will note from their records, been working those 16 hours a week for ten months and have been paid for such without argument from the company. By custom and practice therefore, an implied term of contract now exists whereby your normal hours are 16 per week and you were therefore alarmed to have only been paid for your 'old' hours when taking paid leave. Despite assurances from the Manager that this would be resolved, you are disappointed that the company still have not paid the outstanding holiday pay. In the circumstances you expect this to be paid with your next wages please.

Regarding the 10 hour vacancy and the possibility of you being 'let go', it would seem very strange to get rid of you yet still advertise another vacancy. With 13 months service you have a degree of protection from unfair dismissal and your employer might find it hard to explain the coincidence of terminating your employment after raising a grievance over your contract yet still having hours available elsewhere. The fact that you are doing 16 hours a week by custom and practice means that they cannot simply sideline you into a lesser paid role unless by negotiation.